Privacy policy

This privacy policy is distributed to you by Establishment Labs, having its registered address at Coyol Free Zone, Building B25, Alajuela, Costa Rica (individually “ESTA“), and sets out how ESTA processes as controller and protects any personal data that you give to or are otherwise processed by Establishment Labs when you use this website https://motiva.health.

If you are located within the EU, please note that European Distribution Center Motiva BVBA, having its registered address at Sint-Jansveld 11 bus A, 2160 Wommelgem, Belgium, VAT BE 0881.512.541 RPM/RPR Antwerp (individually “EDC“), is carrying out the above processing as joint controller (jointly determining the purposes and means of processing of your personal data) with ESTA and is acting as ESTA’s representative in the EU.

ESTA, together with EDC as the case may arise, is/are hereinafter referred to as “Establishment Labs“, “we“, “us” or “our“.

 

All personal data is stored in a secure data base.

Establishment Labs is committed to ensuring that your privacy is protected. Should we ask you to provide certain personal data (i.e., any information relating to identified or identifiable individuals) when using this website, then you can be assured that it will only be used in accordance with this privacy policy.

This privacy policy describes the types of personal data we collect on this website, for which purposes we use such personal data, with whom we may share the data, and the rights and choices available to you regarding our use of your personal data. This privacy policy also describes how your personal data are secured and how you can contact us about our privacy practices.

Please read this privacy policy before using or submitting any personal data on this website.

By accessing and using this website, you confirm that you have read and that you understand the way Establishment Labs collects, processes, uses, and discloses your personal data as described in this privacy policy.

Please note that before using or submitting personal data on certain sections of this website, such as the Implant Registration section, you may be asked to confirm electronically your understanding and acceptance of this privacy policy by ticking specific boxes. Your affirmative action in ticking any of these boxes and your use of this website signify that you understand – and agree to – the relevant collection, processing, use, and transfer of your personal data for the purposes described in relation to this box and in the manner described in this privacy policy.

Our records of your acceptance of this privacy policy, the date thereof, and of all future amendments to this privacy policy, shall be regarded as conclusive and written evidence of your consent.

Establishment Labs may change this policy from time to time by updating this page and notifying you by e-mail (where appropriate or required by law and to the extent that Establishment Labs has your e-mail address). You should check this page from time to time to ensure that you agree with any changes implemented. This policy is effective from August 21st, 2018 (latest revision).

Which personal data we collect

Information you provide

We may collect the following personal data about you that you may provide when accessing or using this website:

  • Identification and contact details: name, address, e-mail address, and telephone number
  • Data relating to your health: the fact that you are equipped with an implant, procedure dates
  • Data relating to your implant(s): it’s (their) serial number
  • Data about the warranty program you are subscribed to date of purchase, type, start date, expiration date
  • Name of your attending surgeon

You may decide not to provide the information requested in the forms or anywhere in this website, but if you refuse, we may not be able to provide you the requested services relating to the creation of your account, the registration of your implants, and your participation in any benefits, as well as to comply with our legal obligations, and your data will not be used in the manner described in this document.

Automatic Information Collection

Subject to your consent where required by law, Establishment Labs and its third-party service providers may use a variety of technologies that collect and provide information about how this website is accessed and used. Such information may consist of your internet browser type, operating system, service provider, the webpages you viewed, the time you viewed them and for how long, demographic information about you (such as your age, gender, language, location, and interest areas, where available) and what webpages you looked at before viewing the current page. Establishment Labs uses this information to get a better idea of how the users interact with this website and then tailor and improve this website accordingly. Such information generally cannot be linked to you individually, but if we can link it to you, we treat it as your personal data in accordance with this privacy policy.

Certain information is gathered by means of cookies. Establishment Labs uses cookies and similar technologies on this website as described in the “How we use cookies” section below.

For which purposes and on basis of which legal bases we collect personal data

We will use your personal data and information in accordance and conformity with the terms described in the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 and other applicable international and local regulations.

We require the personal data identified in the section “Which personal data we collect” above to provide you with the services you require, comply with our legal obligations, and understand your needs and provide you with better service, and, in particular, for the following reasons:

Purposes of processing Legal bases for the processing of “standard” or non-special categories of data Legal bases for the processing of special categories of data (health related data)
Registration of your implant(s) via your account, including internal record keeping, provision of related customer services, and responding to your requests – Legitimate interests pursued by Establishment Labs or by a third party in carrying out and organizing our business activities
– Performance of the contract entered into between you and Establishment Labs relating to the registration of your implants
– Your explicit and free consent
Compliance with mandatory Materiovigilance or other applicable legal requirements, including to contact you if there are any important health information that we are legally required to provide you – Compliance with a legal obligation to which we are subject
– Protection of your vital interests
– For reasons of public interest in the area of public health, such as ensuring high standards of quality and safety of medical devices, on the basis of EU or Member State law, which provides for suitable and specific measures to safeguard your rights and freedoms of the data subject – in particular, professional secrecy
Participation in the warranty or insurance programs to which you would subscribe Performance of the contract entered into between you and Establishment Labs relating to your subscription to determined warranty or insurance programs – Your explicit and free consent
To improve our products and services – Legitimate interests pursued by Establishment Labs or by a third party in carrying out our business activities – Your explicit and free consent
To send you emails about new products, special offers, or other information which we think you may find interesting using the email address which you have provided
This is not applicable for Belgium
– Your consent to the processing of your data / Legitimate interests pursued by Establishment Labs to inform our existing customers about similar products or services we provided – Your explicit and free consent
To contact you by email, phone, fax, or mail for market research or medical research purposes – Your consent to the processing of your data – Your explicit and free consent
To customize (this application / this website) according to your interests – Legitimate interests pursued by Establishment Labs or by a third party in offering tailored experience to the users of (this application / this website) – Your explicit and free consent

How we may share personal data

For the purposes and based on the legal bases described under the section “For which purposes and on basis of which legal bases we collect personal data” above, Establishment Labs may need to disclose and transfer personal data as detailed in this section.

When required to achieve the above purposes, Establishment Labs may share personal data:

  • with your prior (explicit) consent or as you may direct;
  • between ESTA and EDC, acting as joint controllers (if applicable);
  • with affiliated companies of Establishment Labs, primarily for business and operational purposes (a list of Establishment Labs’ affiliated companies is available at https://establishmentlabs.com/);
  • with our insurance providers, who shall protect your information with the same care and only use your personal data as processors on our behalf and in accordance with our instructions;
  • with our service providers [that provide web-related, data storage, advertising, or analytics services to us so that we can administer web servers and store information on a secure database or on back-up disks], who shall protect your information and only use your personal data as processors on our behalf and in accordance with our instructions;
  • when required by law or by the courts or other law enforcement authorities or judiciary authorities of the countries where we have operations.

The above recipients may be located in Costa Rica, Belgium, USA, Brazil, UK, Sweden, Denmark, or Norway, which include countries outside the EEA that are not recognized as providing an adequate level of protection. In any case, we will only transfer personal data to recipients that provide an adequate level of data protection or as permitted by data protection laws by implementing appropriate safeguards, including relevant data transfer agreements based on the EU Commission Standard Contractual Clauses for the transfer of data to third countries (Article 46, 2., (c) of the GDPR as of 25 May 2018. A copy of these appropriate safeguards may be obtained from privacy@establishmentlabs.com  (see further contact details in the Section “How to contact us” below).

Only a limited number of individuals within Establishment Labs will be granted access to personal data about you on a need-to-know basis.

Personal data about other individuals

If you provide us with personal data about other individuals, including but not limited to your attending surgeon, you undertake and warrant that you have informed such individuals about the processing, use, and transfer of their personal data by us for the purposes and in the manner described in this privacy policy, about their right as described in the “What are your rights” Section below in accordance with applicable data protection laws, as well as to obtain their explicit consent, where necessary, to the processing and transfer of their personal data as set out in this privacy policy.

Security

We are committed to ensuring that your personal data is secure. In order to prevent accidental or unlawful destruction or accidental loss, misuse, unauthorized access, disclosure, alteration, or destruction, and against any other unlawful form of processing of personal data as defined by applicable data protection laws, we have put in place – and required that any third-party services providers and/or processors processing personal data on our behalf and under our instructions put in place – appropriate technical and organizational measures to safeguard and secure the personal data we collect and process online or otherwise in the context of your use of this website. Both EDC and ESTA (if you are located in the EU) are responsible for implementing and maintaining such security measures to protect personal data stored on their respective servers, platforms, and systems.

However, please note that no electronic transmission or storage of information is 100% secure. Therefore, despite the security measures that we have put in place to protect personal data about you, we cannot guarantee that loss, misuse, or alteration of data will never occur.

Links to other websites

This website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and refer to the privacy statement applicable to the website in question.

How long we may keep personal data

Your personal data will not be kept for longer than necessary for the purposes identified herein, or as required to comply with our obligations under applicable law or for the establishment, exercise, or defense of legal claims, which can, in principle, be up to 10 years after the end of your contractual relationship with Establishment Labs (if any), unless shorter or longer retention periods apply under applicable law.

What are your rights?

You, as an individual whose personal data is processed as described in this privacy policy, have a number of rights which are summarized in broad terms as laid down in the following list. Please note that exercising these rights is subject to certain requirements and conditions as set forth in applicable law.

If you wish to access personal data about yourself or exercise any of the rights listed below, please submit a request to ESTA, which is responsible for responding to it, by using the contact details identified in the “How to contact us” section below. Alternatively, if you are located in the EU, you may also contact EDC at the address mentioned in the Introduction of this privacy policy, which will then transfer your request to ESTA.

Right to withdraw consent: if you have given your consent for any personal data processing activities as described in this privacy policy, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to withdrawal of the consent. If you withdraw your consent to the use of your health data for the purpose of the performance of an agreement between you and Establishment Labs relating to your subscription to determined warranty or insurance programs, such withdrawal will also be understood as a waiver of any right or claim which exists or may exist on any program, warranty, or coverage which may have been granted under the condition of providing the required information.

Right of access: you have the right to obtain confirmation as to whether or not your personal data is processed, and, if so, to request access to such personal data as well as other information about such processing that are also contained in this policy.

Right to rectification: you have the right to have inaccurate personal data about yourself rectified or completed if it is incomplete.

Right to erasure (‘right to be forgotten’): you have the right to request that we erase your personal data.

Right to restriction of processing: you have the right to request from us that we limit the way we use your personal data.

Right to data portability: you have the right to receive the personal data you provided, in a structured, commonly used, and machine-readable form and to transmit that data to another controller or to have it transmitted directly from us to another controller.

Right to object: you have the right to object, on grounds relating to your particular situation, at any time, to the processing of your personal data and we may have to stop processing your data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims. You have the right to object, at any time, to the processing of your personal for direct marketing purposes.

How to contact us

If you have any questions about this privacy policy, or wish to exercise your rights identified under the Section “What are your rights?” above, please contact ESTA by email at privacy@establishmentlabs.com or at the contact address below: https://motiva.health/support/.

Alternatively, if you are located in the EU, you may also contact EDC at the address mentioned in the Introduction of this privacy policy, which will then transfer your request to ESTA.

How we use cookies

This website uses cookies as described below. By clicking “I Agree” on this website cookie banner, you consent to our use of cookies in line with your current cookie setting and in accordance with this privacy policy and to the underlying personal data processing, unless you have disabled cookies in your browser settings. 

If you do not agree to our use of cookies in this way, you should set your browser settings accordingly. You will always be able to withdraw your consent and change your choice by amending your browser settings in the future. If you disable cookies, this may impact your user experience while on this website. 

What are cookies? 

Cookies are files or pieces of information that may be stored on your computer (or other internet–enabled devices, such as a smartphone or tablet) when you visit this website. A cookie will usually contain the name of the website from which the cookie has come from, the “lifetime” of the cookie (i.e. how long the cookie will remain on your device), and a value, which is usually a randomly generated unique number. 

Two types of cookies may be used: “session cookies” and “persistent cookies”. Session cookies are automatically deleted at the end of your browsing session. Persistent cookies remain longer on your device, for the duration of each specific cookie, and will remain valid until its set expiry date (unless deleted by the user before the expiry date). 

Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website. Cookies do not contain any information that personally identifies you, [but personal information that we store about you may be linked to the information stored in and obtained from cookies]. 

For what purposes does this website uses cookies? 

Many cookies on this website perform essential functions or services you have requested or are used for security purposes, as further described in the section below. 

Establishment Labs uses cookies to make this website easier to use. Cookies may also be used to help speed up your future activities and experience on this website. We also use cookies to compile anonymous, aggregated statistics that allow us to understand how users use this website and to help us improve the structure and content of this website (for example, by monitoring which features of this website are being used, which pages are visited, how often, and what information is downloaded). 

What types of cookies does this website use? 

The table below summarises the different types of cookies we use on this website, together with their respective purposes and duration. 

  • Functional Cookies 
  • Functional Cookies
Cookie Name Purpose of the cookie Duration of the cookie
Cookie banner This cookie is used to control the appearance of the cookie’s information/consent banner. Persistent
Preference cookie This cookie is used to remember a user’s choice about cookies on the website. Persistent
Language cookie This cookie is used to remember user’s language choice on the website. Persistent
Country cookie This cookie is used to remember a user’s choice of country/ location (to keep it for next visit, for example). Persistent
Authentication cookie These cookies are used to identify unique visitors to the website. These cookies allow us to remember users so that we can provide users with access to pages personal to them, for example, personal account pages. These cookies help maintain your visit secure. Session
  • Analytics Cookies
Cookie Name Purpose of the cookie Duration of the cookie
Google Analytics

Cookies with names beginning _ut

Common Google Analytics cookies are, _utma, _utmb, _utmc, and _utm

Google Analytics is a web analytics service provided by Google, Inc. (“Google”). These cookies are used to collect information about how visitors use the website. We use the information to compile reports and to help improve the website. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the website from and the pages visited.

More information can be found at http://www.google.com/analytics/learn/privacy.html

Persistent
  • Third Party Cookies
Cookie Name Purpose of the cookie Duration of the cookie
Google Adsense We publish Google Adsense interest-based advertisements on this website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies. You can view, delete or add interest categories associated with your browser using Google’s Ads Preference Manager, available at:  http://www.google.com/ads/preferences/
http://www.google.com/privacy_ads.html
Persistent
DoubleClick DART Cookie Use of the DART cookie enables to serve ads to users based on their visit to this website and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL - http://www.google.com/privacy_ads.html Persistent
Atlas Ad Serving

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This cookie is used to collect information about the marketing activity and the sales driven from this activity. We use the information to compile reports and to help to improve this website and marketing activity. The cookies collect information in an anonymous form, including the number of clicks to the site from marketing activity, where the clicks have come from and the number of sales.

Used to personalize web pages to the preferences of each user, gather demographic information about how many users visit the page and for how long they spend viewing it, monitor which banners are displayed to the user and for how long.

More information can be found at: http://atlassolutions.com/privacy-policy

Persistent

When you visit this website, you may receive cookies from third–party websites or domains. We do not control the placing of these cookies and you should check the relevant third party’s website for more information about these cookies. The relevant third party is responsible for providing you with information regarding the cookies they place and obtaining your consent before placing cookies on your device.

How can you control, delete, or withdraw your consent to the use of cookies?

If you wish to withdraw your consent to our use of cookies on this website, or if you wish to delete or control the placing of cookies on your computer, you can change your browser settings to block cookies or to alert you when cookies are being sent to your device. There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings at:

If you disable the cookies that this website uses, this may impact your experience while on this website – for example, you may not be able to visit certain areas of this website or you may not receive personalized information when you visit this website.

You can also delete cookies already stored on your computer.

Again, doing this may have a negative impact on the usability of many websites.